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  • Thursday 6 December 2012

    ORDERS FOR IMPLEMENTATION OF  ENHANCEMENT OF PENSION(ESM)TO BE ISSUED BY THE END OF DEC 2012 & DISBURSEMENT ALONG WITH PENSION OF MARCH 2013
    NEW DELHI: The defence ministry on Wednesday took several decisions to ensure ex-servicemen get their pensions in time, stung by criticism over the huge delay in former NSG commando Surender Singh getting all his dues. Anti-graft crusader Arvind Kejriwal had raised the case of Singh, who was injured in the 26/11 terror attacks, last month, forcing the government to admit there had been a considerable delay since the soldier's retirement "paperwork'' had not been completed in time. 

    At a meeting chaired by defence minister A K Antony, it was decided that 50% of the pension of soldiers who are "invalidated out" or are "war casualties" should be disbursed immediately, pending the completion of retirement/medical board formalities. It was also decided the Army and Navy should follow the IAF's example of the which has established " e-tracking process" to ensure pensions are disbursed in time. 

    Antony also directed that orders for the recently announced Rs 2,300 crore pension package for ex-servicemen should be issued by this month-end. ``The minister said the disbursement of the enhanced pensions should begun by March 31,'' said an official. 

    Minister of state for defence Jitendra Singh will also hold a meeting with different banks this month to bring "uniformity'' in the disbursement of pensions. Antony also asked his officers to ensure "faster disposal'' of decisions taken by the Armed Forces Tribunal

    Ex-servicemen, however, still remain unhappy over the non-implementation of their long-standing demand for one rank, one pension mechanism, which has been promised by most political parties over the years but has never been implemented. 

    The defence community of 14 lakh serving and 23 lakh retired military personnel, after all, swells into a sizable - albeit diffused - votebank of around 1.5 crore people if family members are also taken into account.

    Tuesday 4 December 2012





    CWP No.16346 of 2010

    IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
    *****
    CWP No.16346 of 2010
    Date of Decision: 09.11.2012
    *****
    Madan Lal Gandhi and others ………... . . .Petitioners
    Versus
    Union of India and others ……………. . . . Respondents
    *****
    CORAM: HON’BLE MR.JUSTICE A.K. SIKRI, CHIEF JUSTICE HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
    *****
    Present: Ms.Alka Chatrath, Advocate, ….for the petitioners.
    Mr.Tarun Singla, Advocate, …..for respondent No.1.
    Mr.B.R. Mahajan, Advocate, ….for respondents No.2 to 4.
    *****
    RAKESH KUMAR JAIN, J.
    The petitioners are all retired Class I officers of Life Insurance Corporation of India (for short ‘the Corporation’), who have challenged the discrimination against employees retired between 1.1.1986 and 1.8.1997 while framing Rules with regard to grant of Dearness Relief to pensioners at par with in-service employees, up-gradation of pension and have prayed for issuance of a writ in the nature of certiorari forquashing order dated 3.6.2010 rejecting the claim of the petitioners for removal of anomaly in the matter of rate of Dearness Relief to the pensioners and Dearness Allowance to serving employees on the same amount of pension/salary and up-gradation of pension on pay revision and further prayed for issuance of writ in the nature of mandamus to implement the decision passed by the Corporation in its meeting of the Board of Directors dated 24.11.2001 and also for issuance of direction by way of mandamus for striking down the words “as on 1.8.1997” in clause (3) of Section 1 “Short title, commencement and application” in the notification dated 22.6.2000 and words “as on 1.8.2002” in Notification dated 5.9.2005 with consequential effects and for issuance of direction to fix pension of the petitioners as per the substitutedscales of pay equivalent to the stage applicable to them in the scrapped pay scale as on the date of their retirement and pay, pension at the rate of 50% of such basic pay as arrived at on and from 1.8.1997 and thereafter on and from 1.8.2002 with all consequential benefits with 12% interest. The petitioners have given a note in the index of the writ petition that a similar case i.e. CWP No.654 of 2007 titled as Krishna Murari Lal Asthana Vs. LIC of India and others was allowed by the Rajasthan High Court directing therespondent-Corporation to take a decision for implementation of the Resolution dated 24.11.2001 passed by the Board holding that the Corporation cannot provide different criteria for grant of Dearness Allowance to the existing pensioners based on cut off date i.e. 31.7.1997 and as such, the benefit arising out of the directions above would, however, be considered by the Corporation so that every retired employee may get the same benefit.

    The text of the directions of the order in CWP No.654 of 2007 titled as Krishna Murari Lal Asthana Vs. LIC of India and others decided on 12.1.2010 by the Single
    Judge of the Rajasthan High Court, attached as Annexure P-20 with the writ petition, is as under:

    “In the facts and circumstances of the case, I am of the view that resolution passed by the Board of LIC does not need approval of the Central Government thus the Corporation may give effect to its resolution dated 24.11.2001 to avoid discrimination amongst existing pensioners. In light of the discussion madeabove, both the writ petitions are allowed. The respondent Corporation is directed to take a decision for implementation of the resolution dated 24.11.2011 passed by the Board. The respondent Corporation cannot provide different criteria for grant of dearness allowance to the existing pensioners based on cutoff date i.e. 31.7.1997. The benefit
    arising out of the directions above would, however, be considered by the respondent corporation so thatevery retired employee may get the same benefit. Costs made easy.”

    Learned counsel for the petitioners has submitted that the case of the petitioners is covered by the aforesaid judgment which has been further upheld by the Division Bench of the Rajasthan High Court in D.B. Special Appeal (Writ) No.494 of 2010 titled as Life Insurance Corporation of India Vs. Krishna Murari Lal Asthana and others decided on 21.1.2011, with the following observations:

    “We are of the view that whatever grievance with regard to the implementation of the Board’s resolution dated 24.11.2001 is concerned, the same can be raised by the Union of India who has chosen not to file any appeal in the matter and this can easily be considered as an approval of the said resolution of the Board dated 24.11.2001 which was allegedly pending for nine years. The Board of LIC, who is the appellant before us against the judgment of the learned Single Judge, had itself taken a decision to remove thedisparities and the discrimination with regard to the payment of Dearness Allowance and pension to the retired employees under its resolution of the Board dt. 24.11.2001, which was in public interest. It could not and should not have filed the present appeal against the judgment of the learned Single Judge as thelearned Single Judge has provided an umbrella to the appellant for the implementation of the decision ofthe Board dt. 24.11.2001 on the categorical statement made by the learned counsel appearing on behalf of the Union of India and not assailed in appeal by the Union of India. In the light of the submissions made by the learned counsel for the Union of India before the learned Single Judge, we find that these appeals filed by the L.I.C. of India have no merit and the same stand dismissed.”

    Although counsel for the Corporation has submitted that SLP has been preferred against the aforesaidorder of the Division Bench but its operation has not been
    stayed by the Apex Court. After hearing learned counsel for the parties, we are
    of the considered opinion that since it is not in dispute that similar relief prayed for by the petitioners has been granted by the learned Single Judge of the Rajasthan High Court in the case of Krishna Murari Lal Asthana (Supra) which has been
    maintained in appeal and the petitioners are satisfied with the same order, the present writ petition is thus, allowed, in terms of the order passed in the aforesaid case namely Krishna Murari Lal Asthana (Supra).

    (A.K. SIKRI) (RAKESH KUMAR JAIN)
    CHIEF JUSTICE JUDGE
    NOVEMBER 09, 2012


    COURTSY & SOURSE LINK:- http://airief-chd.blogspot.in/2012/11/chandigarh-high-court-case.html

    Monday 3 December 2012

    REPORTS FROM VISHAL RALLY HELD AT JANTAR MANTAR NEW DELHI  ON 01 DEC 2012
    Dear Colleagues,
    The planned IESM rally was held at Jantar Mantar On December 01. We had advertised the rally widely and great hype had been built up.  Unfortunately the attendance of around 3000 was much below expectations. Thankfully, the enthusiasm of those present did overcome the lack of numbers to some extent.  As a policy of gradual escalation a vehicle with medals mounted on it has been prepared and is scheduled to go around Delhi and NCR during the coming days. The vehicle was parked on site and drew great appreciation from all. There were many enthusiastic speakers that took the mike and spoke their mind on government’s repeated stonewalling our demand of OROP. Unfortunately, this upset our time schedule and we had to call off our planned march – along with the medal vehicle – on roads around Connaught Place.   
    On 02 December was the General Body meeting and the elections. There was no voting and all the old members of the Governing Body have been returned unopposed. Colonel KK Malhotra, Hony Captains Bhim Singh and Nagender Singh are the new members of the team. The General Body reaffirmed its resolve to continue with the struggle till our demands are met. 
    The pension enhancement coming out of the of Rs 2300 Crore that the Govt has sanctioned is expected to be announced by 15 December 2012.  

    Best regards,

    Lt Gen Raj Kadyan

    Chairman IESM
    262, Sector - 17A
    Gurgaon - 122 001



    Sunday 2 December 2012

    THE DOUBTFUL DISTRIBUTION


    THE DOUBTFUL DISTRIBUTION OF RS.2300 CRORE SANCTIONED BY THE GOVT SPECIFICALLY FOR THE PURPOSE OF ENHANCEMENT OF PENSION (PRE-2006 EX-SERVICE MEN)

    It has been declared by the govt that an amount of  Rs. 2300 is sanctioned by the govt for  the enhancement of pension as recommended by the committee of secretaries & approved by the cabinet.There was another development in between& the govt was directed by the apex court to pay the amount due to officers in the rank pay case.The MOD is seems to have  included this out go also in the earlier sanctioned Rs.2300 crore to pre-2006 pensioners thus reducing the enhancement of pension to a megre amount. This is evident form the report submitted by the Rajya Sabha committee which has calculated the total outlay for implementation OROP in full with the help of department of expenditure as RS. 1300 crore.All members are requested to discuss this matter seriously.


    SATURDAY, DECEMBER 1, 2012
    Decision on 'one rank one pension' scheme will be queried in Rajya Sabha

    Some important questions are scheduled for written answer to be given by MoD on 05th December, 2012 regarding One Rank One Pension.  An unstarred question number 1296 also wants clarification from govt about proposal to give full 'One Rank One Pension.  The details of question are given below:- 

    RAJYA SABHA
    List of Questions for WRITTEN ANSWERS to be asked at a sitting of the 
    Rajya Sabha to be held on
    Wednesday, December 5, 2012/Agrahayana 14, 1934 (Saka)


    Decision on 'one rank one pension' scheme


    Will the Minister of DEFENCE be pleased to state:

    1296. SHRI PRAKASH JAVADEKAR:
    SHRI HUSAIN DALWAI:
    (b) if so, the details thereof;
    (c) if not, the reasons therefor; and
    (d) how Government proposes to give full 'one rank one pension'?

    (a) whether Government has taken any decision regarding the demand of 'one rank one pension' for the ex-servicemen;

    COURTESY:-       http://karnmk.blogspot.in/



    http://164.100.47.5/EDAILYQUESTIONS/sessionno/227/3536RS.pdf

    Saturday 1 December 2012

    PRE-2006 CENTRAL GOVT PENSIONERS CASE IN DELHI HIGH COURT



    PRE-2006 CENTRAL GOVT  PENSIONERS CASE IN DELHI HIGH COURT CASE ADJOURNED,  NEXT DATE OF HEARING 29/04/2013

    Search Result For Type :W.P.(C) No :1535 year :" are : 1  
    S.No.Diary No. / Case No. [STATUS]Petitioner Vs. Respondent
    Advocate
    Listing Date / Court No.
    1.
     W.P.(C)  1535/2012
       [PENDING]
    UNIION OF INDIA AND ANR
    Vs.   CENTRAL GOVERNEMT SAG AND ORS
    Advocate : RUCHIR MISHRA` 
    Court No. : 3
    Next Date: 29/04/2013
    Page : 1  

    Wednesday 28 November 2012


    VARIOUS 6CPC & RELATED CIRCULARS PERTAINING TO PENSION BENEFITS OF  EX-SERVICEMEN INCLUDING COMMISSIONED OFFICERS ISSUED BY PCDA-LINK
    click open link to view
    6th CPC – Revision of provisions for pensionary awards relating to disability pension/war injury pension/special family pension/liberalized family pension/2nd Life Award of family pension (Special family pension/Liberalised Family Pension)/Special PensionCircular No. 41122.05.2009
    LPC Cum data sheet for corrigendum family pensionary award for Armed FOrces Personnel below Oficer Rank (PBOR) - reg.Circular No. 41407.07.2009
    LPC Cum data sheet for corrigendum family pensionary award for Armed FOrces Personnel below Oficer Rank (PBOR) - reg.Circular No. 41407.07.2009
    Ordinary Family Pension award in respect of PBOR who died/discharged on or after 01.01.200640631.03.2009
    SOP for revision of pension consequent on implementation of recommendation of VI CPC in respect of Pensioners who retired on or after 1.1.2006SOP18.02.2009
    Detailed instructions on Revision of pension consequent on implementation of recommendation of VI CPC in respect of Personnel below Officer Rank (PBOR) who retired on or after 1.1.2006No. 17(4)/2008(2)/D (Pen/Policy)12.11.2008
    CORRIGENDUM to instructions on Revision of pension as per 6 CPC in r/o Personnel below Officer Rank (PBOR) who retired on or after 1.1.200617(4)/2008(2)/D (Pen/Policy)27.11.2008
    CIRCULAR 400 Implementation of Govt. decision on recommendation of the Sixth Central Pay Commission regarding pensionary benefits for Armed Forces Personnel below Officer Rank (PBOR) retiring or dying in harness on or after 01.01.2006Circular No. 40005.12.2008
    Sixth CPC - Pension for Armed FOrces Personnel below Oficer Rank (PBOR) retiring or dying in harness on or after 01.01.2006 - Option for commutation of pension- reg.Circular No. 41815.09.2009
    Sixth CPC - Implementaiton - Pension for Armed FOrces Personnel below Oficer Rank (PBOR) retiring or dying in harness on or after 01.01.2006 - reg.Circular No. 42103.11.2009
    Payment of fixed medical allowance to defence pensioners living non CGHS areascircular 45121.02.2011
    Payment of commuted pension to post 2006 retirees died without excercising optionCircular 46620.07.2011
    6CPC-Review of pension for officers retired/died in harness after 01.01.2006Section Order 0629.08.2011

    Improvement in the pension to bridge the gap in pension of Pre 01.01.2006 and Post 01.01.2006 discharged Personnel Below Officer Rank (PBOR) of Armed Forces.





    Circular No. 430 





    Circular No. 471
    29.08.2011